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And so the legal challenge begins...
(Oh - there is a poll too- VOTE!)
The DPO online story
Article Published: Saturday, May 24, 2003 - 12:00:00 AM MST
Denver suit battles state on gun laws
City: Lawmakers violated right to regulate firearms
By Howard Pankratz, Denver Post Legal Affairs Writer
Denver sued the state of Colorado and Gov. Bill Owens on Friday, claiming that sweeping new gun legislation unconstitutionally pre-empts many of Denver's city firearms ordinances designed to protect public safety.
Denver claims that as a home-rule city it has the right to enact and enforce its own gun ordinances and regulations without interference from the state.
City officials ask that a judge declare Denver's gun regulations valid and the two new laws, recently passed by the state legislature, unconstitutional because they allegedly violate the Colorado Constitution's home-rule provisions.
The lawsuit, filed in Denver District Court, was widely supported by the Metro Mayors Caucus, which includes the mayors of 31 cities in the Denver area.
"The last legislative session saw unprecedented attacks on the rights of local elected officials to decide what is best for their communities," Littleton Mayor Susan Thornton said Friday. "What makes state legislators think they know the needs and concerns of local residents better than those of us who are in direct touch with our own citizens on a daily basis?"
Many of the metro-area mayors indicated that their cities may join Denver in the court fight if their input is necessary.
Colorado Attorney General Ken Salazar said Friday that he will defend the governor and the state against the suit.
"We have received the complaint filed by the city and county of Denver challenging the constitutionality of Senate Bill 24, concerning the carrying of concealed weapons, and Senate Bill 25, concerning the limitation on the authority of local governments to regulate firearms. We believe the laws are constitutional and have assembled a team of lawyers in my office to defend them," Salazar said.
Among other things, Denver claims that it has the right to determine how gun permits can be issued and where a permit holder can take a gun.
As a result, it takes issue with SB 24.
The bill requires county authorities to give concealed-carry permits to citizens who are at least 21 years old and pass a criminal background check and a handgun training course. The law prohibits concealed weapons in elementary and secondary schools.
But the mayors said Friday that the law doesn't provide enough protection.
Left out are other sensitive locations such as parks, recreation centers, libraries and medical clinics, the mayors claim.
"Senate Bill 24 creates great uncertainty about cities' ability to regulate concealed weapons in public places," Mayor Ken Fellman of Arvada said. "It threatens the safety of families and children. This is a very real safety issue, and is extremely worrisome."
The mayors claim that the second bill - SB 25 - limits cities' ability to create safe public spaces by taking away their ability to regulate the open carrying of firearms in buildings and other specific areas unless those buildings and areas have been posted with signs.
"I have a hard time believing that liberalizing the laws governing the open carry of weapons in urban areas is a step toward a safer society," Denver Mayor Wellington Webb said. "Denver cannot and will not give up the right to preserve its authority to regulate how and where firearms may be carried within the city."
The lawsuit claims that passage of the new statewide gun laws has "caused tangible detriment to Denver's law enforcement efforts by placing police and other Denver officials in a position of uncertainty and paralysis" as to the enforcement of Denver's laws.
The lawsuit said the new laws place Denver officers and residents in a no-win situation, leaving them to wonder what laws should be observed.
Can't wait for these people to lose this case.
Maybe we should make them pay for the legal costs to the city and state. That would be justice - lord knows the city of Denver can't afford the cost of this litigation.
Poll results as of 4:57pm 5/24/03
GUN LAWS
Should cities be able to have tougher gun laws than the state?
Total Votes = 305
Yes. (62) 20%
No. (226) 74%
Feds should control guns. (13) 4%
No opinion. (4) 1%
Looks like we're up by quite a bit... guess they DON'T "know the needs and concerns of local residents"
(Oh - there is a poll too- VOTE!)
The DPO online story
Article Published: Saturday, May 24, 2003 - 12:00:00 AM MST
Denver suit battles state on gun laws
City: Lawmakers violated right to regulate firearms
By Howard Pankratz, Denver Post Legal Affairs Writer
Denver sued the state of Colorado and Gov. Bill Owens on Friday, claiming that sweeping new gun legislation unconstitutionally pre-empts many of Denver's city firearms ordinances designed to protect public safety.
Denver claims that as a home-rule city it has the right to enact and enforce its own gun ordinances and regulations without interference from the state.
City officials ask that a judge declare Denver's gun regulations valid and the two new laws, recently passed by the state legislature, unconstitutional because they allegedly violate the Colorado Constitution's home-rule provisions.
The lawsuit, filed in Denver District Court, was widely supported by the Metro Mayors Caucus, which includes the mayors of 31 cities in the Denver area.
"The last legislative session saw unprecedented attacks on the rights of local elected officials to decide what is best for their communities," Littleton Mayor Susan Thornton said Friday. "What makes state legislators think they know the needs and concerns of local residents better than those of us who are in direct touch with our own citizens on a daily basis?"
Many of the metro-area mayors indicated that their cities may join Denver in the court fight if their input is necessary.
Colorado Attorney General Ken Salazar said Friday that he will defend the governor and the state against the suit.
"We have received the complaint filed by the city and county of Denver challenging the constitutionality of Senate Bill 24, concerning the carrying of concealed weapons, and Senate Bill 25, concerning the limitation on the authority of local governments to regulate firearms. We believe the laws are constitutional and have assembled a team of lawyers in my office to defend them," Salazar said.
Among other things, Denver claims that it has the right to determine how gun permits can be issued and where a permit holder can take a gun.
As a result, it takes issue with SB 24.
The bill requires county authorities to give concealed-carry permits to citizens who are at least 21 years old and pass a criminal background check and a handgun training course. The law prohibits concealed weapons in elementary and secondary schools.
But the mayors said Friday that the law doesn't provide enough protection.
Left out are other sensitive locations such as parks, recreation centers, libraries and medical clinics, the mayors claim.
"Senate Bill 24 creates great uncertainty about cities' ability to regulate concealed weapons in public places," Mayor Ken Fellman of Arvada said. "It threatens the safety of families and children. This is a very real safety issue, and is extremely worrisome."
The mayors claim that the second bill - SB 25 - limits cities' ability to create safe public spaces by taking away their ability to regulate the open carrying of firearms in buildings and other specific areas unless those buildings and areas have been posted with signs.
"I have a hard time believing that liberalizing the laws governing the open carry of weapons in urban areas is a step toward a safer society," Denver Mayor Wellington Webb said. "Denver cannot and will not give up the right to preserve its authority to regulate how and where firearms may be carried within the city."
The lawsuit claims that passage of the new statewide gun laws has "caused tangible detriment to Denver's law enforcement efforts by placing police and other Denver officials in a position of uncertainty and paralysis" as to the enforcement of Denver's laws.
The lawsuit said the new laws place Denver officers and residents in a no-win situation, leaving them to wonder what laws should be observed.
Can't wait for these people to lose this case.
Maybe we should make them pay for the legal costs to the city and state. That would be justice - lord knows the city of Denver can't afford the cost of this litigation.
Poll results as of 4:57pm 5/24/03
GUN LAWS
Should cities be able to have tougher gun laws than the state?
Total Votes = 305
Yes. (62) 20%
No. (226) 74%
Feds should control guns. (13) 4%
No opinion. (4) 1%
Looks like we're up by quite a bit... guess they DON'T "know the needs and concerns of local residents"
